TRENDS, DEVELOPMENTS, AND MUTUAL INFLUENCES BETWEEN UNITED STATES CORPORATE LAW(S) AND EUROPEAN COMMUNITY COMPANY LAW(S)


14 Colum. J. Eur. L. 277 (2008)

Krešimir Piršl. S.J.D. (Duke University School of Law), LL.M. (Duke University School of Law), LL.M. (University of Zagreb School of Law), J.D. (University of Rijeka School of Law). This manuscript resulted from research undertaken at Duke University School of Law (Visiting Scholar, 2006-2007) and Georgetown University Law Center (Visiting Researcher, 2004-2006).

The article examines trends in, and developments of, selected issues and legal concepts that have developed in United States corporate law and European Community company law. The aim is to reveal the general direction of corporate or company law by surveying the paths traveled on each continent to reach the current point and by describing the current state of affairs, followed by a discussion of possible or probable future developments. The article addresses general issues of a division of regulatory authority in multi-level systems, and explores mutual influences between the United States corporate law and the European Community company law systems, and particularly emphasizes recent developments that seemingly follow different directions. The analysis may serve as a useful reference and source of ideas for policymakers on both sides of the Atlantic who are reforming their own corporate or company laws. Their better understanding of how corporate or company laws develop can then contribute to formulating future reforms.